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edith windsor is 80 some years old. she's from new york state. her spouse died. and she was stuck with a bill for estate taxes of something like $363,000 or so. so she basically said she wanted her money back and ended up going to court. and that's the genesis of the case. but it's not just state taxes, it's 1,000 or so different benefits that you get as a result of marriage that are -- effect people in states where they have same sex marriage. and the question of course is whether those people ought to be able to get those benefits or not. >> if i could just have one point here, the reason this case is unusual from a procedural point of view is that she's suing and saying i want my money back. the federal government is saying, you're right, you should get your money back. doma is unconstitutional and the justices are saying why are we dealing with this case when the two main parties agree with each other? why is this a lawsuit at all? and that was a hard question for the lawyers to answer. >> and also important to say the last thing is, and you know this suzanne
edith windsor is 80 some years old. she's from new york state. her spouse died. and she was stuck with a bill for estate taxes of something like $363,000 or so. so she basically said she wanted her money back and ended up going to court. and that's the genesis of the case. but it's not just state taxes, it's 1,000 or so different benefits that you get as a result of marriage that are -- effect people in states where they have same sex marriage. and the question of course is whether those people...
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Mar 28, 2013
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windsor before the highest court in the land. edith windsor marry her wife in canada. when her wife died she was forced to pay $360,000 in inheritance tax, because the marriage was not recognized by doma. the obama administration refused to defend it. a lawyer for the white house speaking today, drawing tough questioning from six of the nine justices. >> well, is what happened in 1996, and i'm going to quote from the house report here, is that congress decided to reflect and honor a collective moral judgment and express moral disapproval of homosexuality. is that what happened in 1996? what gives the federal government the right to be concerned that all at what the definition of marriage is? >> when it has 1,100 laws, which in our society means that the federal government is intertwined with the citizen's day-to-day life, you are at real risk of running in conflict with what has always been thought to be the essence of the state police power, which is to regulate marriage, divorce, custody. >> as justice kennedy said, 1,100 statutes, and it affects every area of life.
windsor before the highest court in the land. edith windsor marry her wife in canada. when her wife died she was forced to pay $360,000 in inheritance tax, because the marriage was not recognized by doma. the obama administration refused to defend it. a lawyer for the white house speaking today, drawing tough questioning from six of the nine justices. >> well, is what happened in 1996, and i'm going to quote from the house report here, is that congress decided to reflect and honor a...
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and edith windsor, who everybody just saw, she was married in new york state. and her partner died. her wife died. and she had to pay $363,000 in federal income tax that she would not have had to pay if the federal government, the internal revenue service, had recognized their marriage. so she argued that the defense of marriage act by penalizing same sex marriage people involved in same sex marriages, that was a violation of their constitutional right. that was the case argued today. and it was a good day on balance i would say for edith windsor's side. >> joe, describe for us what was the most compelling moment inside the courtroom today. >> there were several compelling moments, but i would say there was the whole discussion about the defense of marriage act and the justifications or reasons for the government passing the law. the attorney who was defending the defense of marriage act maintained throughout that it was about uniformity. for example, creating a situation so that soldiers who move from bases from state to state wouldn't be confused about what their benefits are. but
and edith windsor, who everybody just saw, she was married in new york state. and her partner died. her wife died. and she had to pay $363,000 in federal income tax that she would not have had to pay if the federal government, the internal revenue service, had recognized their marriage. so she argued that the defense of marriage act by penalizing same sex marriage people involved in same sex marriages, that was a violation of their constitutional right. that was the case argued today. and it...
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her name is edith windsor. she married her partner in canada in 2007 after a relationship and engagement that lasted four decades. doctors said at the time she was dying and she did die two years later leaving edith windsor everything. had u.s. federal law recognized their marriage, edith windsor would have paid no taxes on the inheritance. because of the same sex only law for marriage here in the u.s. the federal government demand more than $360,000. that's when edith windsor sued. the fundamental question. doesn't she deserve the same rights guaranteed by the constitution as every other married person? her fight is the case that made it all the way up to the supreme court. edith was all smiles outside of today's proceedings if you would like to listen to today's arguments in their entirety we have posted a link on the front page of foxnews.com. the earth beneath the home giving way as a landslide cuts a huge chunk out of some shoreline property. look at this. the backyard is now gone. folks in the area say th
her name is edith windsor. she married her partner in canada in 2007 after a relationship and engagement that lasted four decades. doctors said at the time she was dying and she did die two years later leaving edith windsor everything. had u.s. federal law recognized their marriage, edith windsor would have paid no taxes on the inheritance. because of the same sex only law for marriage here in the u.s. the federal government demand more than $360,000. that's when edith windsor sued. the...
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windsor, 83-year-old edith windsor is the plaintiff at the core for the doma case. she will serve as grand marshal at the gay pride parade in new york city. she suffered a large financial loss when her partner died. some call doma the epitome of big government. asked whether bigotry is too big to fail. what do you think of that? >> edith's case, she's such a wonderful woman. look at the story there. women who were together for decades, their whole life together. one got sick. the other one didn't walk away, she stayed and took care of her until she died. that's a commitment. that's a union. that's a marriage. and then a little bit after her wife died, she gets a letter from the federal government saying you are less than everybody else, we'll really make you feel that you're less than everybody else through making you pay over $300,000. it's not about the money. it's about being left out from the rest of the country at a particular moment when you need everyone and everything support. bigotry has failed and been eroded and taken down time and time again in this coun
windsor, 83-year-old edith windsor is the plaintiff at the core for the doma case. she will serve as grand marshal at the gay pride parade in new york city. she suffered a large financial loss when her partner died. some call doma the epitome of big government. asked whether bigotry is too big to fail. what do you think of that? >> edith's case, she's such a wonderful woman. look at the story there. women who were together for decades, their whole life together. one got sick. the other...
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tell that to an 83-year-old woman, edith windsor, fought to get the case to the court. and the case that bears her name, the highest court in the land, edith marries her wife in canada, when the wife died, edith is forced to pay $300,000 in taxes, because the marriage was not recognized. the obama administration refused to defend it. a lawyer for the white house speaking today, drawing tough questioning from six of the nine justices. >> well, is what happened in 1996 o19 1996, and i'm going to quote from the house report is that congress decided to reflect the honor and to express moral disapproval of homosexual, is that what happened in 1996? what gives the federal government the right to be concerned at all with what the definition of marriage is. >> when it has 1100 laws, which in our society means that the federal government is intertwined with the citizen's day to day life, you are at real risk of running in conflict with what has always been thought to be the essence of the state police power, which is to regulate marriage, divorce, custody. >> as justice kennedy
tell that to an 83-year-old woman, edith windsor, fought to get the case to the court. and the case that bears her name, the highest court in the land, edith marries her wife in canada, when the wife died, edith is forced to pay $300,000 in taxes, because the marriage was not recognized. the obama administration refused to defend it. a lawyer for the white house speaking today, drawing tough questioning from six of the nine justices. >> well, is what happened in 1996 o19 1996, and i'm...
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edith windsor received a hero's welcome when she emerged, saying, it's time to take a stand for marriage equality. and abc's terry moran was there. >> reporter: it's a classic american story. sometimes the big cases come to the supreme court out of conflicts between the states or battles between the branches of government and sometimes one american walks up these steps seeking justice. that's what happened today. [ cheers and applause ] >> reporter: 83 and radiant. edie windsor had her day in court. and what a day it was for her. this woman, born in the 1920s, has become a folk hero to countless young americans. >> you guys are talking freely. i'd have been hiding in a closet ten years ago. >> reporter: her case arises
edith windsor received a hero's welcome when she emerged, saying, it's time to take a stand for marriage equality. and abc's terry moran was there. >> reporter: it's a classic american story. sometimes the big cases come to the supreme court out of conflicts between the states or battles between the branches of government and sometimes one american walks up these steps seeking justice. that's what happened today. [ cheers and applause ] >> reporter: 83 and radiant. edie windsor had...
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. >> at the center of this, 83-year-old edith windsor. >> i am an out lesbian who sued the united states of america. >> doma barred the irs from recognizing her marriage. >> recognizing marriage to her partner of 44 years. >> they were making a stranger of this person i lived with and loved. >> the court's liberals were strongly attacking doma. >> i think there are five votes to strike it down. >> just like yesterday, the hearing drew demonstrators. >> we are no longer satisfied living in the shadows of freedom. >> doma reeks of big government. >> this is about discrimination. >> i believe marriage is the union of one man and one woman. >> house republicans are defending the law. >> what a stale role to play in life. >> marriage is the union of one man and one woman. >> republicans knew that doma is not constitutional. >> the compelling argument is on the side of homosexuals. >> this is going to happen, it is just the direction the culture is heading. >> one of the fastest changing trends we have seen on a social matter. >> it is remarkable the speed at which this has moved. >> doma was
. >> at the center of this, 83-year-old edith windsor. >> i am an out lesbian who sued the united states of america. >> doma barred the irs from recognizing her marriage. >> recognizing marriage to her partner of 44 years. >> they were making a stranger of this person i lived with and loved. >> the court's liberals were strongly attacking doma. >> i think there are five votes to strike it down. >> just like yesterday, the hearing drew...
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all eyes were on 83-year-old edith windsor. >> i am today a lesbian who sued the united states of america, which is kind of overwhelming for me. >> reporter: she's challenges the defense of marriage act which denies federal benefits to same sex marriage couples. >> in the midst of my grief, i realized that the federal government was treating us as strangers and i pay this state tax. >> reporter: in court, justices attacked the 1996 law and the obama administration refusal to defend it. >> i'm wondering if we're living in this new world where the attorney general can simply decide it's unconstitutional but it's not so unconstitutional that i'm not willing to enforce it. if we're in this new world, i don't want these cases. >> reporter: the legal team defending doma told the court congress passed the law. the u.s. solicitor general said doma was based on moral disapproval and aimed at disfranchising same sex couples. >> as far as i can tell political figures are falling over themselves to endorse your side of the case. >> the fact of the matter is, no other group in recent history has been
all eyes were on 83-year-old edith windsor. >> i am today a lesbian who sued the united states of america, which is kind of overwhelming for me. >> reporter: she's challenges the defense of marriage act which denies federal benefits to same sex marriage couples. >> in the midst of my grief, i realized that the federal government was treating us as strangers and i pay this state tax. >> reporter: in court, justices attacked the 1996 law and the obama administration...
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. >> the united states versus windsor, that is the 83-year-old lesbian edith windsor who took her challenge of the defense of their attack to the supreme court four years ago after her spouse died. today we look at the remarkable story. in 1962, soon got engaged and had to wait 40 years before they could marry. >> edie and thea spent four years together, in sickness and in health, just like any other married couple. for the federal government to protect their marriage did that exist is unfair and an american and unconstitutional. >> we will hear excerpts of the film, "edie & thea: a very long engagement." we will play part of wednesday's landmark oral arguments before the supreme court. we will also host a discussion on same-sex marriage and the future of the lpg -- lgbt rights. all of that and more coming up. this is "democracy now!," democracynow.org, the war and peace report. i'm amy goodman. afghan police say five civilians, including four children, were killed in a night raid by afghan and international special forces in the eastern province of klo -- logar. while the afghan defense mi
. >> the united states versus windsor, that is the 83-year-old lesbian edith windsor who took her challenge of the defense of their attack to the supreme court four years ago after her spouse died. today we look at the remarkable story. in 1962, soon got engaged and had to wait 40 years before they could marry. >> edie and thea spent four years together, in sickness and in health, just like any other married couple. for the federal government to protect their marriage did that exist...
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. >> afterwards, edith windsor said it went beautifully and her late spouse would be pleased. >> today is a spectacular event for me. i mean, a lifetime kind of event. and i know that the spirit of my late spouse is right here watching and listening and would be very proud and happy where we've come to. >> today's case came just a day after oral arguments on california's proposition eight. justices both liberal and conservative seemed reluctant to use it as the basis for sweeping national change. this case on the other hand could be just the opposite. jeffrey toobin was inside the court again today. he joins us from outside the court. so we know everything comes with the caveat that the supreme court can surprise us and is hard to predict. you say that doma is in trouble. that a majority of justices seem inclined to throw it out? why is that? >> reporter: because of what anthony kennedy said. the four democratic members were all clearly hostile to the defense of marriage act. where were they going to get the fifth vote. anthony kennedy is the only likely possibility. but repeatedly tod
. >> afterwards, edith windsor said it went beautifully and her late spouse would be pleased. >> today is a spectacular event for me. i mean, a lifetime kind of event. and i know that the spirit of my late spouse is right here watching and listening and would be very proud and happy where we've come to. >> today's case came just a day after oral arguments on california's proposition eight. justices both liberal and conservative seemed reluctant to use it as the basis for...
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. >> edith windsor was slapped with a $300,000 tax bill when her same-sex partner died. i have sued the united states of america, which is kind of overwhelming for me. ,> plenty of people oppose it too. i think it would be a mistake to say this is entirely a generational conflicts. there are many young people who still stand for what we know as the timeless configuration of marriage between a man man and a woman. ends two days of deliberations at the supreme court. ,hey must wait a little longer a couple of months, for the decision to come down. al jazeera, washington. in poland, five people have died from hypothermia. in britain, thousands left without power. farmers are struggling with stranded livestock. forecasters say temperatures are unlikely to change until the end of next month. in southern china, a man has died after being swallowed by a 20-meter sinkhole. the 25-year-old worked as a security guard at a residential complaint -- compound. police believe the sinkhole was caused by illegal digging at a nearby construction site. she is a first lady and global style
. >> edith windsor was slapped with a $300,000 tax bill when her same-sex partner died. i have sued the united states of america, which is kind of overwhelming for me. ,> plenty of people oppose it too. i think it would be a mistake to say this is entirely a generational conflicts. there are many young people who still stand for what we know as the timeless configuration of marriage between a man man and a woman. ends two days of deliberations at the supreme court. ,hey must wait a...
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windsor could win her case? >> is he has reason to be optimistic. the second day was much easier to get a fix on the first. there did seem to be a majority of the justices who were uncomfortable with the idea that the federal government and the united states should deny federal benefits to people married in the nine states where same-sex marriage is allowed. that's of course a much smaller, more moderate and much less ambitious question than the one the court considered yesterday which is whether states that don't have same-sex marriage should be required as a constitutional matter to have it. >> sticking with today's case, president clinton, who signed the defense of marriage act into law now says it should be struck down. is the court supposed to take changing public and indeed presidential opinion into account? >> the justices would say that they don't pay attention to public opinion. but history suggests that they do. they don't like to get out too far ahead of public opinion. and of course only nine states
windsor could win her case? >> is he has reason to be optimistic. the second day was much easier to get a fix on the first. there did seem to be a majority of the justices who were uncomfortable with the idea that the federal government and the united states should deny federal benefits to people married in the nine states where same-sex marriage is allowed. that's of course a much smaller, more moderate and much less ambitious question than the one the court considered yesterday which is...
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guest: this was brought by a woman named to edith windsor who had a partner for 44 years. they were married in canada. they lived in new york. when her partner died, she left her estate to miss windsor. she had to pay more than $360,000 in taxes, which she would not have had to pay if she was recognized as the surviving spouse. with his questioning today, what did you learn? isest: we learned that doma suspect it's not doomed. -- if not doomed. he seemed to think that marriage is defined by the states. the nine states and the dishes at columbia that now recognize the same sex marriage. if they decide it, then the federal government should accept it. host: obviously the founding fathers and the constitution establishing states' rights. there are nine states and the district of columbia that allow same-sex marriage. yet, you have the federal issues on social security, financial issues that come up by the federal government. that bothered justice kennedy. there are more than 900 references to marriage in the federal codes. this is intertwined in the daily lives of the citizen
guest: this was brought by a woman named to edith windsor who had a partner for 44 years. they were married in canada. they lived in new york. when her partner died, she left her estate to miss windsor. she had to pay more than $360,000 in taxes, which she would not have had to pay if she was recognized as the surviving spouse. with his questioning today, what did you learn? isest: we learned that doma suspect it's not doomed. -- if not doomed. he seemed to think that marriage is defined by the...
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edith windsor is a plaintiff in the case. >> "they were certainly direct. they asked all the right questions. but i felt, though, i didn't feel any hostility okay, or any sense of inferiority, you know - what do these people want? i felt, were were very respected and i think, i think it's gonna be good.' >> catherine: what's good for edith is not good for others. one clergyman says if the defense of marriage act is shot down -- he's worried about colleagues bring forced to perform same sex ceremonies. >> "military chaplains, civilian chaplains who are under orders by federal authorities as well as other clergy required by law to uphold the constitution and in this case may have their authority to solemnize marriages held in doubt." >> catherine: long after court wrapped up today. people stayed outside the supreme court building.saying they wanted to be a part of legal history >> pam: the defense of marriage act marked the beginning of a decades=long debate over same sex unions. many of its original supporters now say it was a bad idea. the year was 1994. sa
edith windsor is a plaintiff in the case. >> "they were certainly direct. they asked all the right questions. but i felt, though, i didn't feel any hostility okay, or any sense of inferiority, you know - what do these people want? i felt, were were very respected and i think, i think it's gonna be good.' >> catherine: what's good for edith is not good for others. one clergyman says if the defense of marriage act is shot down -- he's worried about colleagues bring forced to...
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windsor the act's ban on federal recognition of state law violates her fifth amendment equal protection rights bill clinton by the way now opposes the defense of marriage act that he signed into law the two cases are the supreme court's biggest since last year's inquiry into obamacare and have broad cultural residence at a time when america majority of americans have finally come around to supporting marriage equality protesters supporters of gay supporters and opponents of gay marriage alike have held large rallies all day just hundreds of feet from where the court's nine justices are considering the fate of prop eight and doma recordings and transcripts from today's hearings suggest that the debate is as contentious as ever justice antonin scalia the most conservative justice pressed opponents of prop eight to pinpoint exactly when discrimination against gay couples became unconstitutional. we did it constitutional. to exclude homosexual couples from marriage seventeen. eighteen sixty eight when the fourteenth amendment was adopted sometimes sometime after baker where we sit it didn't
windsor the act's ban on federal recognition of state law violates her fifth amendment equal protection rights bill clinton by the way now opposes the defense of marriage act that he signed into law the two cases are the supreme court's biggest since last year's inquiry into obamacare and have broad cultural residence at a time when america majority of americans have finally come around to supporting marriage equality protesters supporters of gay supporters and opponents of gay marriage alike...
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. >> what's odd about this case is that the plaintiff, edith windsor, who had to pay a large amount of taxes because the internal revenue service doesn't recognize her marriage. and the federal government -- whoa. >> jimmy: you have to have an umbrella. it's raining men out there. if you're a facebook user, you probably have been seeing this image a lot over the past few days. red equals time. logo of the equal rights campaign. they made a special one and asked people who support same sex marriage to make it their profile picture. changing your profile picture to support something you believe in is the least you can do. literally, it is the least you can do. you almost did nothing. but instead, you did just slightly more than nothing. even so, it's kind of nice to see people finally posting something on facebook besides a sandwich they ate or their feet on vacation. facebook has been a forum for a lot of debate on the subject of equal rights this week. people get very passionate and sometimes insulting when it comes to this sort of thing. which gave me the idea. can you tell if someone
. >> what's odd about this case is that the plaintiff, edith windsor, who had to pay a large amount of taxes because the internal revenue service doesn't recognize her marriage. and the federal government -- whoa. >> jimmy: you have to have an umbrella. it's raining men out there. if you're a facebook user, you probably have been seeing this image a lot over the past few days. red equals time. logo of the equal rights campaign. they made a special one and asked people who support...
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all eyes were on 83-year-old edith windsor. >> i am today a lesbian who sued the united states of america, which is kind of overwhelming for me. >> reporter: she's challenges the defense of marriage act which denies federal benefits to same sex marriage couples. >> in the midst of my grief, i realized that the federal government was treating us as strangers and i pay this state tax. >> reporter: in court, justices attacked the 1996 law and the obama administration refusal to defend it. >> i'm wondering if we're living in this new world where the attorney general can simply decide it's unconstitutional but it's not so unconstitutional that i'm not willing to enforce it. if we're in this new world, i don't want these cases. >> reporter: the legal team defending doma told the court congress passed the law. the u.s. solicitor general said doma was based on moral disapproval and aimed at disfranchising same sex couples. >> as far as i can tell political figures are falling over themselves to endorse your side of the case. >> the fact of the matter is, no other group in recent history has been
all eyes were on 83-year-old edith windsor. >> i am today a lesbian who sued the united states of america, which is kind of overwhelming for me. >> reporter: she's challenges the defense of marriage act which denies federal benefits to same sex marriage couples. >> in the midst of my grief, i realized that the federal government was treating us as strangers and i pay this state tax. >> reporter: in court, justices attacked the 1996 law and the obama administration...
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windsor x. ban on federal recognition of state law violates fur fifth amendment equal protection rights judges in previous lower court cases of agreed with her and declare the law unconstitutional so it seems like a simple yes or no case right not so much or the weird things about the doma case is that the justice department the federal agency that normally represents the executive branch of government in cases like this openly disagrees with the act and has decided not to defend its. constitutionality but since doma is still the law of the land and the justice department still technically enforces that someone or something has to argue for it in this case that means attorneys for the bipartisan legal action group congressional body that has the authority to represent the house of representatives in a court of law maybe yes that's right john boehner in the house republicans are using taxpayer dollars to fight for a law that the justice department and most of the country for that matter doesn't a
windsor x. ban on federal recognition of state law violates fur fifth amendment equal protection rights judges in previous lower court cases of agreed with her and declare the law unconstitutional so it seems like a simple yes or no case right not so much or the weird things about the doma case is that the justice department the federal agency that normally represents the executive branch of government in cases like this openly disagrees with the act and has decided not to defend its....
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. >> edith windsor and thea spire got engaged years ago. it's wednesday, march 27th, i'm alex wagner. and this is "now." >> i am today an out lesbian who just sued the united states of america. >> the supreme court cracks open doma. the skim milk marriage. chad griffin helps us dissect today's developments. >> you are serious? you want to equate interracial marriage to a homosexual marriage? >> susie orman will break down what will happen when the right wing realizes it's wrong. >> i'm not concerned about the democratic party. i'm concerned about the people whose lives will be impacted by it. >> but will he make the moves? don't call it a comeback. >> toss the political scripts. >> sarah palin releases a new video with one message, 2014. >>> and a shocking report on the culture of violence in the military. no, not the one on the battlefield. the one on women. >> in 1965, edie windsor meat thea spire at a new york city restaurant. she would later tell the times that they danced so much that night. they fell in love, spent 44 years together a
. >> edith windsor and thea spire got engaged years ago. it's wednesday, march 27th, i'm alex wagner. and this is "now." >> i am today an out lesbian who just sued the united states of america. >> the supreme court cracks open doma. the skim milk marriage. chad griffin helps us dissect today's developments. >> you are serious? you want to equate interracial marriage to a homosexual marriage? >> susie orman will break down what will happen when the right...
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edith windsor of new york is a plaintiff in the doma case. she fought back when she received an inheritance tax bill for $363,000 when her partner of 42 years died in 2009. here's what she told you in an earlier interview. >> new york state accepted my marriage as a marriage. and i believe and the justice department and the president agreed with me that the law doma is unconstitutional. doma is cruel. it discriminates against us for absolutely no value to the country. and we'd like to see that defeated all together. >> joe johns is in washington with more on what's ahead this week. morning, joe. >> morning. these are two of the most important cases of the year for the supreme court. the case involving edith windsor is actually the second case scheduled to be heard this week on wednesday. that challenge to the federal defense of marriage act. this is the law passed by congress and signed by the pld in 1996 that takes away benefits of marriage of same-sex couples on the federal level. doma can affect over 1,000 benefits. everything from the way
edith windsor of new york is a plaintiff in the doma case. she fought back when she received an inheritance tax bill for $363,000 when her partner of 42 years died in 2009. here's what she told you in an earlier interview. >> new york state accepted my marriage as a marriage. and i believe and the justice department and the president agreed with me that the law doma is unconstitutional. doma is cruel. it discriminates against us for absolutely no value to the country. and we'd like to see...
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a woman by the name of edith windsor lost her partner of many years. they have been married in canada and that marriage was recognized in new york state and when her partner died, edith windsor got socked with a pretty high tax bill for state taxes that she would not have gotten if her partner had been -- >> host: the newspaper is reporting this morning that she will be in court today. >> guest: yeah, i talked to one of her lawyers yesterday and she will be there. her health i understand has been a bit touchy but she is ready to roll and will be there and i think that's pretty exciting for people on that site. >> host: who will be arguing for that site? >> guest: a woman by the name of roberta kaplan from new york feared she will be representing edith windsor. we have a long lineup beginning with a woman by the name is vicki jackson it was a harvard law professor for the supreme court to argue that the case could not be decided on the merits because the federal government no longer is defending this section 3 of the defense of marriage act and a bipart
a woman by the name of edith windsor lost her partner of many years. they have been married in canada and that marriage was recognized in new york state and when her partner died, edith windsor got socked with a pretty high tax bill for state taxes that she would not have gotten if her partner had been -- >> host: the newspaper is reporting this morning that she will be in court today. >> guest: yeah, i talked to one of her lawyers yesterday and she will be there. her health i...
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Mar 24, 2013
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if thea -- edith windsor would not have paid the $600,000 in estate taxes she had to pay when her partner died. that's what we are talking about. that's the kind of equality. regardless of what the court decides, edith and dhea are still going to love each other and still going to be a couple. >> the thing is thatied itds and thea don't want to separate but equal treatment under the law when it comes to civil universityions or marriage. that's what this whole thing about. >> it is not separate and equal. that's the whole conversation. it is not. more than 1,000 laws that are separating, you know, same-sex couples and heterosexual couples that are in the same comparable relationship. more than 1,000 laws. essentially i pay more taxes for no other reason than sexual orientation. no other reason than how i was born. not separate but equal. separate and unequal. >> i want to play this because i know that you want to address this. we had an e-mail exchange. i did get it in the show just for you. ralph reid making controversial remarks on today's "meet the press." >> what i said was the verdict
if thea -- edith windsor would not have paid the $600,000 in estate taxes she had to pay when her partner died. that's what we are talking about. that's the kind of equality. regardless of what the court decides, edith and dhea are still going to love each other and still going to be a couple. >> the thing is thatied itds and thea don't want to separate but equal treatment under the law when it comes to civil universityions or marriage. that's what this whole thing about. >> it is...
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Mar 27, 2013
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had the feds recognized this woman edith windsor's marriage which was valid in new york state, she would not have owed that tax. but it's not just about the money, it's about the principle. a lot of principles, actually. there's perhaps nobody better to explain those principles than law professor and legal contributor jonathan hurley. i hope you can hear me. i can hear the argument going on behind you. i just can't hear the silent arguments going on with the justices right now. when it comes to doma, the defense of marriage act, again like yesterday and prop 8, is this not a simple decision for these justices, is it? >> no, and i think people have to be very cautious in their optimism. i mean, for a couple weeks now, i've been trying to explain to folks this is a very incremental court. it's a cautious court in the best of times. we saw this yesterday, these were justices that were looking for an exit, many of them did not want to hand down a major decision at this time. they referred to it as a new issue. they would be before the public as decided the question. and so you're seeing a bi
had the feds recognized this woman edith windsor's marriage which was valid in new york state, she would not have owed that tax. but it's not just about the money, it's about the principle. a lot of principles, actually. there's perhaps nobody better to explain those principles than law professor and legal contributor jonathan hurley. i hope you can hear me. i can hear the argument going on behind you. i just can't hear the silent arguments going on with the justices right now. when it comes to...
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Mar 27, 2013
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. >> i want to play another -- speaking of edith windsor i want to play another exchange between justice roberts and windsor's lawyer roberta kaplan. let's play that right now. >> you don't doubt that the lobby supporting the enactment of same-sex marriage laws in different states is politically powerful, do you? >> with respect to that category of the term for purposes of heightened scrutiny i would, your honor. i don't -- >> really. >> yes. >> as far as i can tell political figures are falling over themselves to endorse your side of the case. >> what do you make of that, chief justice roberts suggesting that the same-sex lobby, the human rights campaign and other gay rights organizations, is so powerful in it's remarkable. >> right. what's going on here underlying that exchange is this fight over the standard the supreme court and other courts should use for judging discrimination cases on the basis of sexual orientation. if gay people are a super powerful political lobby the court doesn't have to worry about them very much but if we think of them as a group that suffered historical, s
. >> i want to play another -- speaking of edith windsor i want to play another exchange between justice roberts and windsor's lawyer roberta kaplan. let's play that right now. >> you don't doubt that the lobby supporting the enactment of same-sex marriage laws in different states is politically powerful, do you? >> with respect to that category of the term for purposes of heightened scrutiny i would, your honor. i don't -- >> really. >> yes. >> as far as i...
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Mar 25, 2013
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then on wednesday, the court will hear a case brought by 83-year-old widow edith windsor. she is challenging doma, the defense of marriage act. she said she was forced to pay taxes when her wife died. >> it was incredible expense. >> meanwhile, people who want to witness the cases firsthand began lining up outside the court on thursday. using tents, tarps, even umbrellas to shelter from today's snowfall. they're hoping to receive one of the roughly 60 seats available to the public. we learn one of those who will be inside the court is the lesbian couple of chief justice john roberts. jean podrasky will attend the hearings with her partner of four years. podrasky said this about her cousin. i believe he sees where the tide is going. i do trust him. i absolutely trust that he will go in a good direction. public opinion on same sex marriage has shifted dramatically. a recent poll shows 58% think it should be legal. that is up, 37% just a decade ago. justice correspondent pete williams is live in washington. a lot of details there but we know there are many options for the sup
then on wednesday, the court will hear a case brought by 83-year-old widow edith windsor. she is challenging doma, the defense of marriage act. she said she was forced to pay taxes when her wife died. >> it was incredible expense. >> meanwhile, people who want to witness the cases firsthand began lining up outside the court on thursday. using tents, tarps, even umbrellas to shelter from today's snowfall. they're hoping to receive one of the roughly 60 seats available to the public....
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Mar 28, 2013
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that looked like an argument that had five votes but that would be a victory for edith windsor and that would overturn the law. >> here's what i'm interested in. you think about this. if you're a conservative justice in, favor of states' rights. you would then be likely to overturn this. but, of course, this is a bill that requires marriage to be between a man and woman which is what a conservative justice believes that marriage should be. so when you are given such a choice, what do you pick? >> well, it depends on what kind of conservative you are. chief justice roberts, justice scalia, justice thomas, justice alito tend to be more traditional conservatives, big government conservatives. justice kennedy is usually conservative but he is more of a libertarian style conservative. and so he would be more sympathetic to the argument that, you know, the federal government needs to leave the states alone. that gay people need to be left alone. he has traditionally been very supportive of gay rights although today he is much more interested in the federalism argument than the gay rights argu
that looked like an argument that had five votes but that would be a victory for edith windsor and that would overturn the law. >> here's what i'm interested in. you think about this. if you're a conservative justice in, favor of states' rights. you would then be likely to overturn this. but, of course, this is a bill that requires marriage to be between a man and woman which is what a conservative justice believes that marriage should be. so when you are given such a choice, what do you...
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Mar 27, 2013
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. >> the case was about edith windsor, they were together for 40 years, after her partner died, she got a tax bill of $360,000. if she were a surviving spouse, she wouldn't have to pay that. what's your take on this case today? >> we are seeing the fight over whether or not folks are entitled to benefits. that's a much smaller fight than we had yesterday when we were looking at proposition 8 in california. only nine states and the district of columbia nrecognize same-sex marriage. a lot of what folks focused on yesterday is there standing on this case? what's the broad implication for same-sex marriages? much narrower today going forward. i would caution folks as they watch the arguments not to read too much into what they say. health care reform years ago, folks were saying it's doomed. the obama administration looks like they're in peril, only for the supreme court to uphold it. i would be careful watching this today and stay very focused on that question about benefits on the federal level. >> i felt one of the interesting things going into this ruth, we talked about how or if public
. >> the case was about edith windsor, they were together for 40 years, after her partner died, she got a tax bill of $360,000. if she were a surviving spouse, she wouldn't have to pay that. what's your take on this case today? >> we are seeing the fight over whether or not folks are entitled to benefits. that's a much smaller fight than we had yesterday when we were looking at proposition 8 in california. only nine states and the district of columbia nrecognize same-sex marriage. a...
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Mar 26, 2013
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>> edith windsor was married in canada, a marriage honored by the state of new york, new york and her spouse died. if her spouse was a man, the money would have gone tax free to her. but instead because she was married to a woman she had to pay $363,000 in taxes because the i.r.s. doesn't recognize their marriage. what is the justification far? i think that's a very tough case to defend at this point. i think doma is doomed. i think the only reason is just pure animus, dislike of gay people and i don't think anthony kennedy will sit still for that and i think there are five votes -- forget the whole federalism issue, it's a straight up equal protection argument that you can't discriminate against people like that. >> but if it is, why can the state do that by not recognizing the marriage in the first place? i'm for that but if you take seriously that equality argument jeff, that if she were married to a man she'd get the benefits but not if she was married to a woman, the deep logic argument is same-sex marriage everywhere, i'm for that. but i don't know if justice kennedy is yet. >>
>> edith windsor was married in canada, a marriage honored by the state of new york, new york and her spouse died. if her spouse was a man, the money would have gone tax free to her. but instead because she was married to a woman she had to pay $363,000 in taxes because the i.r.s. doesn't recognize their marriage. what is the justification far? i think that's a very tough case to defend at this point. i think doma is doomed. i think the only reason is just pure animus, dislike of gay...
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Mar 22, 2013
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it's actually about a love affair that began 50 years ago when edith windsor met thea entire. both highly educated they fell in love in a small bar in new york. they danced. th their dance continued through the decade each as thea contracted m.s. and edith took care of her. the couple left for canada where same-sex marriage was legal. for two years they were married. but when thea died this nation's laws did not recognize edith as thea's wife or beneficiary and so she was forced to pay hundreds of thousands in taxes that no straight couple will ever have to face. joining us now is victoria difrancesco sorto and msnbc latino and williams, an msnbc contributor. yeah, that's right. jimmy, i don't want to reduce a description of that beautiful relationship to the issue of taxes, but what is your view about how this will play out? will the supreme court find this particular section of the defense of marriage act unconstitutional? >> i think that they will, and you have to go back and look at two separate cases and justice kennedy and one was in lawrence and one was in texas. he set
it's actually about a love affair that began 50 years ago when edith windsor met thea entire. both highly educated they fell in love in a small bar in new york. they danced. th their dance continued through the decade each as thea contracted m.s. and edith took care of her. the couple left for canada where same-sex marriage was legal. for two years they were married. but when thea died this nation's laws did not recognize edith as thea's wife or beneficiary and so she was forced to pay hundreds...
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Mar 27, 2013
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new york,oman from she will be representing edith windsor. a long line up with vicki jackson, a harvard law professor. the supreme port appointed her to argue the case cannot be subsided on the merits because the federal government no longer is defending section three of the defense of marriage act. a group of house members have come in to defend it. the question is, can they do that? , people we're talking are heading into the court right now. 7:40.only about do they have to sit there? guest: many have lined up since last thursday. eventually, they will let them an out of the cold. once we get to this point, they start queuing up inside the building. host: who will be arguing on the other side? guest: the main advocate against the federal government is a man by the name of paul, who many of your viewers are familiar with. he was the lead lawyer challenging the obama healthcare law last year. he is a former general under george w. bush. he will be representing the house members, the republican dominated house members. bipartisan legal action
new york,oman from she will be representing edith windsor. a long line up with vicki jackson, a harvard law professor. the supreme port appointed her to argue the case cannot be subsided on the merits because the federal government no longer is defending section three of the defense of marriage act. a group of house members have come in to defend it. the question is, can they do that? , people we're talking are heading into the court right now. 7:40.only about do they have to sit there? guest:...
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. >> the case today is about edith windsor. >> it's about being left out from the rest of the country. >> i know the spirit of my late spouse is right here watching and listening. >> i think it's one of the fastest changing trends we've seen on a social matter in decades. >> marriage is between one man and one woman. >> it's not just what you say. it's how we say it. >> i don't believe we need to act like, you know, old testament -- >> what does that mean? >> i think you know it when you see it. >> remember, when you tell a gay person that their love is too unnatural for society to recognize, smile. >>> ahmed contentious debate and a major shift in public opinion, we're on day two of oral arguments at the supreme court over the fate of same-sex marriage. after hearing a challenge on tuesday to california's ban on same-sex marriage, today the justices moved to the question of the defense of marriage act, known as doma. at issue before the court, based on a 1996 law creating a federal definition of marriage, can the federal government deny benefits to same-sex couples in states where th
. >> the case today is about edith windsor. >> it's about being left out from the rest of the country. >> i know the spirit of my late spouse is right here watching and listening. >> i think it's one of the fastest changing trends we've seen on a social matter in decades. >> marriage is between one man and one woman. >> it's not just what you say. it's how we say it. >> i don't believe we need to act like, you know, old testament -- >> what does...
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Mar 25, 2013
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the people who brought the case, brought the cases that are going to the supreme court, edith windsor, who is legally married. the folks in california who were married before proposition 8 was passed and those folks in california who are eager to get married, they want to get married because they are in love with each other. they are committed to each other. and they want the rights and responsibilities that go with marriage. and they also want the dignity and respect that comes with marriage. so you know, as much as, as much as ryan wants to downplay or belittle the marriages of same-sex couples, those same-sex couples are no different than opposite-sex couples, out there who want to gets married. >> jonathan, let me ask you one or thing quickly. some people who say the court should stay out of this, they point to the public opinion data. they say look, the trend line is clear, people are becoming more and more supportive of gay marriage. why do we need the court here, if these things go on the ballot. we saw in three states, including maryland, same-sex marriage approved by ballot i
the people who brought the case, brought the cases that are going to the supreme court, edith windsor, who is legally married. the folks in california who were married before proposition 8 was passed and those folks in california who are eager to get married, they want to get married because they are in love with each other. they are committed to each other. and they want the rights and responsibilities that go with marriage. and they also want the dignity and respect that comes with marriage....
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Mar 27, 2013
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she is 83-year-old edith windsor who married her partner in canada back in 2007. when her wife died windsor paid more than $363,000 in estate taxes. the widow of a heterosexual spouse would not have had to do so. former president bill clinton signed that law in 1996 but now says it doesn't honor the nation's principles of equality and fairness. there are more than 1,000 federal benefits same sex couples cannot access, including the nearly 18,000 couples married in california before prop 8 took effect. yesterday one of the justices said this is uncharted territory for the high court going into the same sex marriage issues. i will be inside today for what promises to be another day of fascinating debate. i'll bring you live reports tonight at 4:00, 5:00, and 6:00. by the way, i will also be tweeting before and after the hearing at c tyler abc 7. live in washington, d.c., here we go again, second day of hearings. abc 7 news. >> thank you so much. >>> as you know, california's ban on same sex marriage got its day at the nation's highest court yesterday. huge crowds ra
she is 83-year-old edith windsor who married her partner in canada back in 2007. when her wife died windsor paid more than $363,000 in estate taxes. the widow of a heterosexual spouse would not have had to do so. former president bill clinton signed that law in 1996 but now says it doesn't honor the nation's principles of equality and fairness. there are more than 1,000 federal benefits same sex couples cannot access, including the nearly 18,000 couples married in california before prop 8 took...
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Mar 28, 2013
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edith windsor who had to pay a large amount of taxes because the internal revenue service doesn't recognize her marriage and the federal government -- whoa! >> when umbrellas attack! you have to have an umbrella. it's raining men out. doritos partnered with taco bell which created a taco with a shell made of doritos and a popular item and now doritos are making a chip that tastes like the taco shell that tastes like doritos! so, in other words, they are making doritos, right? either a snack or a sequence of the movie "inception." i'm not sure. they have a new commercial that really clears it up. >> interesting the doritos locos taco ps appear chip in the shape of a taco shell but redesigned back into the classic dorito shape. dorito, back to a taco again. extremely barbecue flavor and crunchy munchy and explosion! in stores april 74th. >> april 47th! >> and available at walgreen's. >> jeffrey sachs will be with us when we come back and kelly o'donnell will join the conversation. we will be right back. [ male announcer ] when it comes to the financial obstacles military families face, we und
edith windsor who had to pay a large amount of taxes because the internal revenue service doesn't recognize her marriage and the federal government -- whoa! >> when umbrellas attack! you have to have an umbrella. it's raining men out. doritos partnered with taco bell which created a taco with a shell made of doritos and a popular item and now doritos are making a chip that tastes like the taco shell that tastes like doritos! so, in other words, they are making doritos, right? either a...
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Mar 28, 2013
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was edith windsor, and the case that bears her name deciding on the constitutionality of the federal law that prevents legally married couples from receiving certain benefits. we will have the oral arguments coming up and about half an hour span.org. and on and c- the accord is expected to rule by june. constitution -- we will continue with the court cases. hill. look to capitol we will be talking about the issues in the senate including immigration. susan is with the american association of nurse practitioners. aboutll be talking retirement and whether baby boomers have enough to retire. next, we are going to bring david petraeus. he spoke on tuesday night and an event celebrating a events, but he also spoke about the circumstances surrounding his resignation. it is about 25 minutes. >> thank you very much. thank you, good evening to you all. things for that welcome and thanks for your kind introduction. thanks for your visionary, energetic, and inspirational leadership of this great institution. a true national asset and thanks to you and your team for your wonderful efforts to dem
was edith windsor, and the case that bears her name deciding on the constitutionality of the federal law that prevents legally married couples from receiving certain benefits. we will have the oral arguments coming up and about half an hour span.org. and on and c- the accord is expected to rule by june. constitution -- we will continue with the court cases. hill. look to capitol we will be talking about the issues in the senate including immigration. susan is with the american association of...
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Mar 27, 2013
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all of this is based on a woman, edith windsor, whose partner of more than 40 years died and she had to pay more than $360,000 in taxes because of doma and the language of doma in inorder to inher hit her -- in order to inherit her partner's eskate. we spoke to a man and he said these couples should be given the same benefits as traditional couples. >> how are you supposed to run your affairs? it's blatantly unfair. >> reporter: those oral arguments right now, we're about halfway through them. they were scheduled to go for almost two hours. we know yesterday was prop 8. the arguments went longer. they should be wrapping up 9:00 pacific time and the justices, whichever way they rule that determination will not likely come out until late june. kyla campbell, ktvu channel 2 news. >> all right. >>> for more on this, go to ktvu.com. we posted the pull france script of the prop 8 oral arguments -- transcript of the prop 8 oral arguments. >>> it's groundbreaking day for san francisco for what will be the tallest tower on the west coast. ed lee lab attending the ceremony celebrating the buil
all of this is based on a woman, edith windsor, whose partner of more than 40 years died and she had to pay more than $360,000 in taxes because of doma and the language of doma in inorder to inher hit her -- in order to inherit her partner's eskate. we spoke to a man and he said these couples should be given the same benefits as traditional couples. >> how are you supposed to run your affairs? it's blatantly unfair. >> reporter: those oral arguments right now, we're about halfway...
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all of this is based on a woman, edith windsor, whose partner of more than 40 years died and she had to pay more than $360,000 in taxes because of doma and the language of doma in inorder to inher hit her -- in order to inherit her partner's eskate. we spoke to a man and he said these couples should be given the same benefits as traditional couples. >> how are you supposed to run your affairs? it's blatantly unfair. >> reporter: those oral arguments right now, we're about halfway through them. they were scheduled to go for almost two hours. we know yesterday was prop 8. the arguments went longer. they should be wrapping up 9:00 pacific time and the justices, whichever way they rule that determination will not likely come out until late june. kyla campbell, ktvu channel 2 news. >> all right. >>> for more on this, go to ktvu.com. we posted the pull france script of the prop 8 oral arguments -- transcript of the prop 8 oral arguments. >>> it's groundbreaking day for san francisco for what will be the tallest tower on the west coast. ed lee lab attending the ceremony celebrating the buil
all of this is based on a woman, edith windsor, whose partner of more than 40 years died and she had to pay more than $360,000 in taxes because of doma and the language of doma in inorder to inher hit her -- in order to inherit her partner's eskate. we spoke to a man and he said these couples should be given the same benefits as traditional couples. >> how are you supposed to run your affairs? it's blatantly unfair. >> reporter: those oral arguments right now, we're about halfway...